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dkennedy, Attorney

Category: Business Law

Satisfied Customers: 6009

Experience: JD degree, business owner

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Hello my name isXXXXX and back in 2012 I formed

Resolved Question:

Hello my name isXXXXX and back in 2012 I formed an LLC with a former friend of mine. We are no longer in business together only for the fact that he stole alot of money from my company. I went ahead and filed criminal charges against him He then got arrested but was released. My question is can a busines partner be able to remove the other partner from the company without their knowledge? Also can the other partner open a bank account using the company status without the other partners knowledge? If the former partner is a known to be a criminal can he perform business legally in Nevada?This man has an extensive criminal history. I would like to be able to remove him from the company but will I have to get his signature on the forms to file to the Secretary of State knowing he will refuse to cooperate in this manner. What can I do?

I would like to help you with this matter. It will depend mostly on what your paperwork says. In other words, what does your operating agreement, or your by-laws say is the procedure for dissolving the company or removing a member? Also, is he a member or the director, or what? In order to form an LLC, you have to file papers at the Sec of State as you well know. But, after that, there re internal rules and regulations set up by the members, organizer, director or board. Those internal rules will explain how to get rid of him. If you don't have any of these written down and you have the authority to do so, set up some by-laws and get him removed. Unless you have internal rules that both of you must sign for any changes to the membership.

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